Legal Question in Family Law in California
contempt or breach of contract
My husband and his ex divorced in California, and jurisdiction remains there although we now live in Pennsylvania and his ex lives in Georgia. His ex retains custody of his daughter and is required to pay half of all visitation travel fees and medical fees for child, which she has not and we are now owed over $2000. Would it be simpler to sue in magistrate court for breach of contract as opposed to filing contempt? Can we sue from a local court?
2 Answers from Attorneys
Re: contempt or breach of contract
Since both your husband and his ex have left California, under the UCCJEA you may be able to not have to litigate this dispute in California. Consult a PA family law attorney in whom you have confidence about the possibility of going to a PA court for a modification of the custody order.
Re: contempt or breach of contract
If the child is now residing in Georgia, that state has primary jurisdiction under the Uniform Child Custody Jurisdiciton Act. It would be advisable to contact an experienced domestic relations attorney in the child's home county for advice. If you prefer, you could seek advice from a family lawyer near you, and have her refer the case to local counsel in Georgia, so that the matter could be locally overseen by your own attorney.
In response to your contempt petition you may obtain a court order directing payment to you; you may also wish to modify the custody order to provide for payment to take place prior to the expense being incurred in the future.
I believe that a local small claims court would refer you back to the original issuing jurisdiction family court
Ilene Young, Esquire/ Civil & Family Practice
215-444-0445
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